I need to run to the store for my wife, but I will join the conversation when I return.
Roberts is the even money bet.
The Supreme Court decides to hear a case based on at least four of the nine Justices of the Supreme Court agreeing to grant the Petition for Certiorari. If four Justices agree to grant the petition, the Supreme Court will consider the case. A Petition for Certiorari is granted in very, few selected cases—fewer than 100 a year, by the Supreme Court of the United States.
A petition for Writ Certiorari is a request that the court hear your case. The Supreme Court receives over 5000 writs of Certiorari every year. Each writ and the case it comes from is reviewed the Supreme Court clerks and then shortened into a cert. memo. The cert. memo is what the Supreme Court justices use to actually decide the case. Upon reviewing the memo, the particular justice that the case was assigned to will either deny the appeal himself and affirm the appeals court judgment or will bring the cert. memo before the other justices and debate whether the case should be heard. In order for the case to be heard, four justices must agree to hear the case. This is known as the Rule of Four. If four justices vote to hear the case, then it is placed onto the court’s docket and the parties and their attorney’s are notified that the Supreme Court agrees to hear the case.
The court will typically grant the petitions of cases that are exceptionally unique and that present an issue of law that would be considered far-reaching throughout the United States. The Supreme Court also prefers cases that are clear examples for the lower court so that exact guidance can be given.
Read more: ///law.freeadvice.com/litigation/appeals/supreme_court_case_hearing.htm#ixzz63VZiB63W
There are five conservatives on the Court, counting Roberts.
It would take two conservatives to refuse the case, not just one.
There are five conservatives on the Court, counting Roberts.
It would take two conservatives to refuse the case, not just one.
But it had to be more than one "conservative" justice who voted not to hear the case. I say this because of this that I found:
The Supreme Court decides to hear a case based on at least four of the nine Justices of the Supreme Court agreeing to grant the Petition for Certiorari. If four Justices agree to grant the petition, the Supreme Court will consider the case. ... A petition for Writ Certiorari is a request that the court hear your case.
At the link, the LA Times objects to that.
When the Supreme Court votes on whether to grant a writ of certiorari, it doesn’t reveal which justices voted in favor of or against hearing the case (unless a justice writes a dissent, which is highly unusual). This secrecy is totally unnecessary and inconsistent with democratic aspirations of public transparency and open government.
Is there a formal vote taken, when the SCOTUS declines to hear a case, or is it just the chief justice who polls the associate justices, to see if there is a quorum to take up the case; and if not issues a notice the court won’t hear/challenge the case?
Once again, Christianity is still criminalized and can not even be mentioned in any public setting while Islam is elevated and taught in public schools.
JoMa
I’d guess it was Roberts.
He’s not a real conservative.
Good grief.
Would have been ‘professional’ to offer another assignment to the student- but no big deal.
Lots of religions in the world for students to learn something of.
Ultimately they chose this 12-year sentence for their offspring... They have no standing for complaint...
How can the Constitution be possibly interpreted as allowing the coercion of a student to recite a religious oath of a religion she is not bound to.
Did they explain denial of the case? Often there are stated reasons.
Bump
As skr noted originally,
"Wood received a lower grade for the lesson, but it did not affect her final grade, filings show.". . .“...students “were not required to memorize the shahada, to recite it, or even to write the complete statement of faith,” according to the ruling.”
At least four Justices must vote to hear a case. My understanding is that often, Justices who are receptive to the claimant's argument may nonetheless vote against hearing a case IF they fear the ruling would go the wrong way for whatever reason, e.g. Too many liberals, Roberts is compromised, etc.
We went decades after Miller before we got a Second Amendment ruling, in part because (so I heard) the Justices wanted the RIGHT CASE. It worked. We gun rights enthusiasts have a similar debate on getting a concealed-carry case before the SCOTUS. While I'd love national reciprocity, I'm ok with the strong States Rights we have today vs risking a losing case with the uncertainty of Roberts.
You have to pick your battles. If this really was not a rock-solid Establishment case then maybe it is best in the long run to take a pass. Similarly, if RBG or another leftist leaves and we get an originalist Justice, then such cases may be brought forward. Until then, since the child's grade wasn't impacted and if our side could lose this case (and damage the nation forever bigly), letting it pass isn't a bad tactical maneuver.